A Litigator's Guide to the Universe

A report on seven experiments conducted by district court judges in the second circuit.

Sand, L.B., & Riess, S. A. (1985). A report on seven experiments conducted by district court judges in the second circuit. New York University Law Review, 60, 423-497.

The report describes the procedures, summarizes the reactions of the judges and attorneys involved, and provides the instructions and questionnaires used to elicit participants’ assessments of the procedures’ feasibility and utility. The seven procedures tested were: (1) permitting a 10-minute voir dire by counsel, (2) individual voir dire questioning of jury panelists conducted out of the presence of the other panelists, (3) preinstructing the jury, (4) permitting jurors to submit questions for witnesses, (5) permitting juror note taking, (6) furnishing jurors with a postdelivery copy of the charge, and (7) furnishing jurors with a tape recording of the charge. Although the experiments offer some empirical support for implementation, their primary purpose was to allay judges’ concerns and encourage further experimentation. 31% of juries allowed to ask instructions did not; 54% asked 1-3 questions. <2>Some notes taken in 31 of 32 trials. Anecdotal evidence that percentage of jury taking notes across cases and page volume generated by jurors varied considerably.